1. ACCESS TO FINANCIAL REMEDIES BY AFFECTED COMMUNITIES
THE RESULT OF BUSINESS RELATED HUMAN RIGHTS ABUSES BY MINING CORPORATIONS IN AFRICA
Attiya Waris, Law School, University of Nairobi
6/29/2019

2. 3. Access to Financial Remedies Recommendations Conclusion
Contents
1. Introduction
Interplay Between Mining Companies and Local Communities with Respect to Abuse of Rights
3. Access to Financial Remedies
Recommendations
Conclusion
Attiya Waris, Law School, University of Nairobi
6/29/2019

3. 1. The Lens: Measuring the Harm
damage to property
loss of income and amenity as a result of environmental pollution (fish, hunting)
Threats from security
dust from trucks, daily blasts and noise pollution
labour issues
lowered standard of living
cultural loss
Financial measures
Non-financial measures
Attiya Waris, Law School, University of Nairobi
6/29/2019

4. 1. The Lens: Characteristics of a Remedy
Transparency
Accountability
Responsibility
Effective
Efficient
Fair
Just
Attiya Waris, Law School, University of Nairobi
6/29/2019

5. 1. THE ACTORS The Individual (National or Non-National)
Occupational communities
Residential communities
Indigenous communities
The Corporation (Domestic or Foreign) 
Fully private and domestically owned by nationals of the state;
Fully private but partially foreign and partially domestically owned by nationals;
Partially private and partially government owned;
Partially private and partially publicly owned through shareholders on public stock exchanges; and
Fully public and government owned.
Attiya Waris, Law School, University of Nairobi
6/29/2019

6. 2. Access to Financial Remedies
1. Judicial Mechanisms 2. Non Judicial Mechanisms 3. Existing Community Grievance Mechanisms 4. Financial Remedies
Attiya Waris, Law School, University of Nairobi
6/29/2019

7. 2. CHALLENGES TO JUDICIAL REMEDIES
fragmented, poorly designed or incomplete legal regimes;
lack of legal development;
lack of awareness of the scope and operation of regimes; structural complexities within business enterprises;
CORRUPTION
problems in gaining access to sufficient funding for community claims; and
a lack of enforcement.
Attiya Waris, Law School, University of Nairobi
6/29/2019

8. 2. The Challenges to Non-Judicial Remedies
Corruption
Poor laws
The parallel systems
The legally recognised system v the community system
State and business mix
Lobbies: national and international
Attiya Waris, Law School, University of Nairobi
6/29/2019

9. 4. Recommendations Country by country reporting of corporate records
Beneficial ownership of corporations
Freedom of information laws
Ending tax havens
Treaty on business and human rights
Uniting the parallel and multiple layered complex legal systems in African countries
Attiya Waris, Law School, University of Nairobi
6/29/2019

10. Weebale. Murakoze Chane. Asante. Wazviita Ngiyabonga. Shukran. Merci
Weebale! Murakoze Chane! Asante! Wazviita Ngiyabonga! Shukran! Merci! E dupe! Thank you! Obrigado!
Attiya Waris, Law School, University of Nairobi
6/29/2019